Kategoria BISAC: Law >> Constitutional

Colonialism, Slavery, Reparations and Trade: Remedying the Past Addresses how reparations might be obtained for the legacy of the Trans Atlantic slave trade. This collection lends weight to the argument that liability is not extinguished on the death of the plaintiffs or perpetrators. Arguing that the impact of the slave trade is continuing and therefore contemporary, it maintains that this trans-generational debt remains, and must be addressed. Bringing together leading scholars, practitioners, diplomats, and activists, Colonialism, Slavery, Reparations and Trade provides a powerful and...

This book provides the first systematic and comprehensive analysis of the factors that explain both completed and incomplete treaty negotiations between Aboriginal groups and the federal, provincial, and territorial governments of Canada. Since 1973, groups that have never signed treaties with the Crown have been invited to negotiate what the government calls "comprehensive land claims agreements," otherwise known as modern treaties, which formally transfer jurisdiction, ownership, and title over selected lands to Aboriginal signatories. Despite their importance, not all groups have...

This book provides the first systematic and comprehensive analysis of the factors that explain both completed and incomplete treaty negotiations between Aboriginal groups and the federal, provincial, and territorial governments of Canada. Since 1973, groups that have never signed treaties with the Crown have been invited to negotiate what the government calls "comprehensive land claims agreements," otherwise known as modern treaties, which formally transfer jurisdiction, ownership, and title over selected lands to Aboriginal signatories. Despite their importance, not all groups have...

This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately...

The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children's rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the 'protection of the rights of the child.'

This book addresses the question of whether the...

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights.

The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the...

To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception.

Drawing on legal as well as philosophical arguments, the book defends a series of notable...

Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other's shortcomings. Through a careful...

This book considers the status of constitutional literacy in the United States along with ways to assess and improve it. The author argues that pervasive constitutional illiteracy is a problem for both law enforcement agencies and for ordinary citizens. Based on the author s decades of teaching in law enforcement agencies around the country, this book argues for the moral and pragmatic value of constitutional literacy and its application in twenty-first century society.

The meaning of an expression resides not in the expression itself but in the experience of a person s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the...